Ogawa v The University of Melbourne [2005] FCA 1208

FEDERAL COURT OF AUSTRALIA

Ogawa v The University of Melbourne [2005] FCA 1208

MEGUMI OGAWA v THE UNIVERSITY OF MELBOURNE

V788 of 2004

RYAN J

30 AUGUST 2005

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY V788 of 2004

BETWEEN: MEGUMI OGAWA

Applicant

AND: THE UNIVERSITY OF MELBOURNE

Respondent

ORDERS IN CHAMBERS

JUDGE: RYAN J

DATE OF ORDER: 30 AUGUST 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Leave to appeal from the orders of the Federal Magistrates Court made on 11 June 2004 be refused. 2. The application by notice of motion filed herein on 18 June 2004 be dismissed. 3. There be no order as to the costs of either party of the said application herein. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY V788 of 2004

BETWEEN: MEGUMI OGAWA

Applicant

AND: THE UNIVERSITY OF MELBOURNE

Respondent

JUDGE: RYAN J

DATE: 30 AUGUST 2005

PLACE: MELBOURNE

REASONS FOR ORDERS IN CHAMBERS OF 30 AUGUST 2005 1 By notice of motion filed herein on 22 March 2005 the applicant sought, amongst other things, that the hearing and determination of her application be expedited and that the hearing be conducted by way of videolink to Brisbane. The substantive application in these proceedings numbered V788 of 2004 was commenced on 18 June 2004 and was for leave to appeal from certain orders as to costs made by Phipps FM in the Federal Magistrates Court on 11 June 2004. Those orders were that the applicant pay the respondent's costs of a motion on notice dated 26 March 2004 such costs to be taxed but that the costs of a hearing in the Federal Magistrates Court on 11 June 2004 be reserved. 2 Before the filing of the applicant's motion on notice dated 22 March 2005, the respondent ("the University") had indicated by facsimile to the Court that it was "willing to refrain from enforcing the costs order in its favour … until the determination of this proceeding." 3 By order made herein on 6 April 2005, I directed, amongst other things, that: '1. The motion on notice by the applicant dated 18 June 2004 returnable in Melbourne on 11 April 2005 and the further motion on notice by the applicant dated 21 March 2005 returnable in Melbourne at 2.15 pm on 11 April 2005 each be adjourned to be heard in Brisbane at 10.15 am on 26 April 2005.